by Charmaine Coutinho, volunteer lawyer with Calgary Legal Guidance
This article will only discuss leases covered by Alberta’s Residential Tenancies Act (RTA). This excludes tenants sharing living space with a landlord, supported living accommodations, and a few other scenarios. This piece is to help our community become more familiar with a few RTA topics, at a time when both landlords and tenants are under stress and looking for ways to improve their circumstances.
Rent Increases
There is no limit on rent increases in Alberta. However, rent cannot be increased during the term of a fixed lease and cannot be increased within one year of the last rent increase or the start of the tenancy (for fixed or periodic leases).
The landlord must give a tenant notice before increasing the rent. The notice from the landlord must include the date of the notice, the effective date of the increase, and the landlord’s signature. The notice period must be 12 full tenancy weeks for a weekly periodic tenancy, three full tenancy months for a monthly periodic tenancy, or 90 days for any other periodic tenancy; these deadlines apply from the date that the notice is delivered to the tenant. The notice must be delivered before the notice period starts, and the increase can take effect only after the period ends. For example, if a rent increase on a monthly tenancy (based on calendar months) is intended to take effect on December 1, the landlord must give notice before September 1. If a landlord delivers the notice on September 1, the rent increase cannot apply until January; if the landlord states an effective date of December 1 for the rent increase, the notice may not be effective at all.
Rent increases are frequently a point of contention between landlords and tenants; I’ve heard many anecdotes about landlords attempting to enforce increases despite not giving sufficient notice, and tenants forgetting to budget for anticipated increases. The lengthy notice periods involved offer room to manoeuvre, plan, or negotiate – plan accordingly!
Landlord’s Notice to Enter
A landlord can enter the rental unit at any time with the tenant’s consent. The landlord can also enter the rental unit without a tenant’s consent, but with at least 24 hours notice, for a few specific reasons: repairs, inspection of rental premises, pest control in the unit, to show the unit to prospective purchasers or mortgagors, or to show the unit to prospective tenants after the landlord/tenant has given notice to end the tenancy.
A landlord may only enter a rental unit without consent or notice in an emergency or if the landlord believes that the tenant has abandoned the unit.
If the lease is covered by the RTA, and a landlord is not adhering to the notice provisions in the RTA, a tenant can apply to the Residential Tenancy Dispute Resolution Service (RTDRS) for an abatement of rent to compensate for the landlord breaching the tenant’s entitlement to peaceful enjoyment and possession of the rental unit.
I hope that this brief helps community members to understand their rights and obligations in the context of a lease covered by the Residential Tenancies Act. I wish my neighbours amicable tenancies and peaceful enjoyment of their rental premises!
